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Query about New Build Driveway …

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  • Yea it’s my land at the side as covered in my plan/boundary 
  • Section62
    Section62 Posts: 9,676 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    Yea it’s my land at the side as covered in my plan/boundary 
    Is it free from restrictions such as 'amenity land' or 'service strip' ?

  • Grumpy_chap
    Grumpy_chap Posts: 18,218 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Section62 said:

    I then note that the eaves project beyond the side of the garage wall (looks like another 8") plus the guttering (another 4") so that could be another 12" / 300 mm that is within the OP's land.  It would be very bad form for the OP to build (or have built on their behalf) the garage such that the eaves and gutter overhang the boundary of adjoining land.

    The OP may even own more that allows for maintenance access to the garage guttering, though I doubt it in this case.
    This is a norm for new-build development.  The traditional idea of legal boundaries and keeping 'your' property well within them has ceased to apply. Eaves and gutters overhanging a neighbour's land is now commonplace.  It certainly shouldn't be interpreted as demonstrating ownership of more land than the sales contract specifies.
    You may well be correct.  It seems wrong to me - if I own the land, I want to own all the way up to the stars above.

    so the developers have called me after having their meeting today… have offered to slab some of the left hand side to allow more space …. Reasonable offer? 
    That sounds like a pragmatic route forward so long as you own the land (you say you do) and it is without restriction.
  • user1977
    user1977 Posts: 17,730 Forumite
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    edited 11 December 2023 at 3:00PM
    Section62 said:

    I then note that the eaves project beyond the side of the garage wall (looks like another 8") plus the guttering (another 4") so that could be another 12" / 300 mm that is within the OP's land.  It would be very bad form for the OP to build (or have built on their behalf) the garage such that the eaves and gutter overhang the boundary of adjoining land.

    The OP may even own more that allows for maintenance access to the garage guttering, though I doubt it in this case.
    This is a norm for new-build development.  The traditional idea of legal boundaries and keeping 'your' property well within them has ceased to apply. Eaves and gutters overhanging a neighbour's land is now commonplace.  It certainly shouldn't be interpreted as demonstrating ownership of more land than the sales contract specifies.
    if I own the land, I want to own all the way up to the stars above.
    You do, but that doesn't mean that e.g. you can sue planes for trespass...
  • Grumpy_chap
    Grumpy_chap Posts: 18,218 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    user1977 said:
    Section62 said:

    I then note that the eaves project beyond the side of the garage wall (looks like another 8") plus the guttering (another 4") so that could be another 12" / 300 mm that is within the OP's land.  It would be very bad form for the OP to build (or have built on their behalf) the garage such that the eaves and gutter overhang the boundary of adjoining land.

    The OP may even own more that allows for maintenance access to the garage guttering, though I doubt it in this case.
    This is a norm for new-build development.  The traditional idea of legal boundaries and keeping 'your' property well within them has ceased to apply. Eaves and gutters overhanging a neighbour's land is now commonplace.  It certainly shouldn't be interpreted as demonstrating ownership of more land than the sales contract specifies.
    if I own the land, I want to own all the way up to the stars above.
    You do, but that doesn't mean that e.g. you can sue planes for trespass...
    Accepted, but nor do I want a carelessly built garage belonging to the neighbour overhanging and restricting what I can do.
  • Herzlos
    Herzlos Posts: 15,830 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Have you asked the builders to try parking 2 cars on it and see how they get on?
  • Section62
    Section62 Posts: 9,676 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    user1977 said:
    Section62 said:



    if I own the land, I want to own all the way up to the stars above.
    You do, but that doesn't mean that e.g. you can sue planes for trespass...
    Accepted, but nor do I want a carelessly built garage belonging to the neighbour overhanging and restricting what I can do.
    Unfortunately you buy what you buy - if the developer builds it that way then the choice is to buy or not to buy.  Personally I wouldn't buy (I can foresee some of the potential problems in the future).

    If the neighbour later builds a garage then absolutely they should be keeping their structure on their own land, unless agreed otherwise.
  • Yes, because realistically what else do you expect then to do apart from rebuild your garden? 
  • so the developers have called me after having their meeting today… have offered to slab some of the left hand side to allow more space …. Reasonable offer? 
    I'd want the whole driveway to be the same finish, ie tarmac. I wonder why the aco hasn't been installed along the boundary line.

    Whilst they are still on site, it's not a big job to move that garden wall although that would be extra cost.


    Signature on holiday for two weeks
  • MultiFuelBurner
    MultiFuelBurner Posts: 2,928 Forumite
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    edited 12 December 2023 at 10:50AM
    This is your home, could be for many years. I would ask for what you want.

    If it's more tarmac to the left as you look at the garage etc you should ask for it and see what the cost may be. 

    They have accepted some sort of acknowledgement of the issue offering you slabs now you need to progress what you actually want.
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